Modern Mediations and Weather Emergencies
In the age of virtual mediations, the natural question arose in conjunction with the impending landfall of Hurricane Ian. Will mediations be cancelled. The short answer is that this is up to the assigned mediator.
If you are scheduled for a live mediation, in-person, in one of our District Offices, watch for closure announcements. See Ian Closures (September 2022) for an example.
So, “if a district closes, and a mediator has cases scheduled in that district, does the mediator proceed as scheduled?”
That is within the mediator's discretion.
So, if the attorneys and parties are located in the district
that is closed for emergency, the default should be to cancel and
reschedule when it can be rescheduled.This is the best for everyone's safety.
BUT
If the case is assigned to a district that is closed, but
the lawyers/parties want to proceed, the mediator may do so within her/his discretion (the
parties may be litigating in St. Petersburg, but are all located in Miami, or
Orlando). Thus, closure of the St. Petersburg office might not be a good reason to reschedule.
What if it is the mediator is a remote worker and is working from a county in which the courts have closed? There is no requirement that the mediator not mediate if there is storm closure where they live. That is the mediator's decision, subject to the above caveats about the parties, etc.
The mediator working from home in a county in which the courts have closed may not wish to mediate as scheduled (evacuating, power loss, many valid concerns). That mediator is free to chose that course and reschedule her/his calendar as he/she deems best (effectively, the mediator is "closing" her/his dining room as if it were a district office).
